Madras High CourtCRL OP(MD)/20291/2021disposed of

P.Golda v. The Deputy Superintendent Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20291 of 2021 1.P.Golda 2.C.Pathinathan 3.Mano @ Manoraj 4.Micheal @ Antony Micheal 5.Bismi 6.Besin @ Besil 7.Sujay 8.George 9.David @ Antony David ... Petitioners/ Accused Nos.1 to 9 Vs 1.The Deputy Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District.

2.The State rep. by Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

(Crime No.203 of 2021) ... Respondents 1 & 2 / complainant 3.Selvi ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the PCR Court, Thoothukudi to dispose of the bail application filed by the petitioners on merits on the same day of their surrender before the concerned Court in pending investigation of Crime No.203 of 2021 on the file of the second respondent. 1/5

For Petitioners : Mr.G.Thalaimutharasu For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (crl.side)

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents 1 and 2.

2. Considering the nature of relief to be granted, notice to the defacto complainant is dispensed with.

3. The petitioners are figuring as accused Nos.1 to 9 in Crime No.203 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 323, 324 & 506(i) of IPC and Section 4 of TNPHW Act r/w Sections 3(1)(r), 3(1)(s) & 3(2) (va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

4. After going through the contents of the FIR, I am of the view that it is a case fit for grant of relief under Section 482 of Cr.P.C., The petitioners undertake to surrender before the jurisdictional Court on 04.01.2022. The petitioners' surrender shall be accepted by the jurisdictional Court and their petition for bail shall be disposed of on the same day. The petitioners' counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioners on 04.01.2022. Such an intimation will be sent through registered post by tomorrow itself. The respondents 1 and 2 are also directed to give notice of hearing to the third respondent.

5. This Criminal Original Petition is disposed of with the following directions:-

(1) the petitioners shall surrender before the jurisdictional Court on 04.01.2022.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioners' bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (AD II) // True Copy // 22/12/2021 Sub Assistant Registrar(CS III) 2/5

rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.THE PCR COURT JUDGE, PCR COURT, THOOTHUKUDI. 2.THE DEPUTY SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

MGJ 22/12/2021 3P.5C Crl.O.P(MD)No.20291 of 2021 20.12.2021 3/5